The STJ Ruling on PASEP Could Make Life Easier for Thousands of Public Servants by Transferring the Burden of Proof to Banco do Brasil

Crucial Judgment in the Superior Court of Justice (STJ) Will Determine Who Bears the Burden of Producing Evidence in Lawsuits Related to PASEP, Whether the Bank of Brazil or the Server.

The Superior Court of Justice (STJ) resumed, on this Tuesday (10), the analysis of Theme 1300, an issue of extreme relevance for public servants. The judgment will define who has the responsibility to prove the accuracy of PASEP transfers: the Bank of Brazil or the server themselves. Sindireceita is monitoring the proceedings and suggests content to clarify the subject.

The Burden of Proof Under Discussion at the STJ

The central issue of the judgment at the STJ is to define the burden of proof in the PASEP actions. The court’s decision will establish whether it is the Bank of Brazil that must demonstrate the accuracy of the deposits or if this responsibility lies with the server filing the action. The topic is of great importance for the members of Sindireceita.

Progress of the Judgment and Vote in Favor of Servants

The judgment had already been resumed on the last August 13. At that time, Minister Afrânio Vilela issued a vote in favor of the servers. He understood that the burden of proof should be attributed entirely to the Bank of Brazil. After his position, the reporting minister of the case requested a new view, signaling that she was receptive to the arguments presented.

Sindireceita Guides Members on the Topic

In order for the servers to understand the entire trajectory and importance of this discussion, Sindireceita recommended listening to a podcast. The program “Legal Skills” dedicated an entire episode to exclusively address the PASEP topic, being essential content to stay well-informed about the case.

Podcast Clarifies History and Current Scenario of PASEP at the STJ

Episode 3 of the podcast, titled “Everything About PASEP”, offers a complete overview of the subject. The content covers everything from the first lawsuit about PASEP, through previous repetitive theme judgments at the STJ, to the current scenario, which includes the discussion of Theme 1300.

Sign up

Connect with

Access

I allow you to create an account.

When you first accessed our site using a Social Access button, we collected your public profile information shared by the Social Access provider, based on your privacy settings. We also obtained your email address to automatically create an account for you on our website. Once your account is created, you will be logged into that account.

I disagreeI agree

Notify of

new follow-up comments new responses to my comments

Label

Name*

E-mail*

Save my data for the next time I comment.

Save my name, email, and website in this browser's cookies for the next time I comment.

ONESIGNAL ID

ONESIGNAL ID

I allow you to create an account.

When you first accessed our site using a Social Access button, we collected your public profile information shared by the Social Access provider, based on your privacy settings. We also obtained your email address to automatically create an account for you on our website. Once your account is created, you will be logged into that account.

I disagreeI agree

Label

Name*

E-mail*

Save my data for the next time I comment.

Save my name, email, and website in this browser's cookies for the next time I comment.

ONESIGNAL ID

ONESIGNAL ID

0 Comments

most recent

older Most voted